Frequently Asked Questions About Uncontested Divorce

What is uncontested divorce? This is the kind of question that doesn’t arise unless you’re considering a separation from your spouse, and you almost never have the answer to it until you’re going through it. If you find yourself Googling, “What is uncontested divorce?” then you’ve come to the right place. We’re your one-stop-shop for the answer to “What is uncontested divorce?” and all your other questions, straight from the mouth of experienced divorce lawyers.

Frequently Asked Questions About Uncontested Divorce

What is uncontested divorce?
An uncontested divorce is a legal separation of spouses where there is no disagreement over the shared property or assets, the division of your debts, the custody of your children, or the amount that will be paid in child support or alimony.

In reality, there is no such thing as a completely uncontested divorce. If you had absolutely no disagreement with your spouse, you probably wouldn’t be divorcing them to begin with. You probably have a few qualms with your spouse, and the details that you must go over in the process of separating your life. This is normal.

However, that doesn’t mean that your divorce needs legal involvement. Going through an uncontested divorce is less expensive, faster, and sometimes less painful for everyone involved.

If you and your spouse agree that the marriage should be ended, and details involved in doing so can be worked out without going through the court system, you might be a good candidate for an uncontested divorce.

Can you go through an uncontested divorce if you have children.

One of the most common reasons that a divorce has to go through the court system is that their are children involved, and both parties cannot come to an agreement over custody and child support. This does not mean that you cannot conduct an uncontested divorce if you have children though. Even if you and your spouse do not see eye to eye on the arrangements you both want for your children, you can still file for an uncontested divorce and use third-party assistance such as mediation to work out your differences. Going through court is expensive and time-intensive. It also might cause unnecessary pain to the children themselves to be dragged through court. If you are able to work out your differences with mediation and go through the uncontested divorce route, it might be beneficial for all involved.

Can I file for a divorce if I do not have knowledge of my spouse’s whereabouts?
When filing for an uncontested divorce, both parties are (obviously) required to be aware of what is going on, as it has a substantial impact on the life of both parties. However, if your spouse hits the road jack and doesn’t come back, what are you to do?

Fortunately in this case, you are still able to file for divorce, and it’s actually pretty simple (since division of assets and custody are essentially a non-issue). In this case, you can still file an uncontested divorce, you’d probably just need to fill out a few extra forms to make it official. In some states, you have to take action like running an ad in your local news paper to give your spouse a head’s up about the divorce. Your divorce lawyer can fill you in on the requirements in your state. Nonetheless, if your spouse isn’t around to sign the form agreeing to the divorce, it doesn’t mean you aren’t able to file an uncontested divorce. It’s actually easier that way.

Can I file for uncontested divorce if my spouse actually contests it?

Sometimes, when you serve your spouse with divorce papers, they aren’t willing to sign them. Maybe they don’t want to divorce you. Maybe they accept that it’s time to go your separate ways, but they disagree with some of the terms of your divorce, such as the division of your assets.

This does not mean that your divorce should go through litigation though. Either way, you divorce is going to require some negotiation. You might be able to avoid a blood-bath in court by using other divorce resources to reach an agreement with your spouse before you pursue a contested divorce process. The point is that “uncontested divorce” does not mean that you have disagreements with your spouse.

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